MCA Chapter 3

in effect

Miss. Code Ann. § 13-3-1 Provisions of chapter applicable to all courts.

The law of process as declared in this chapter, except where its provisions are provided for by the Mississippi Rules of Civil Procedure or by the nature of the subject matter, shall govern in all courts.

Miss. Code Ann. § 13-3-3 Style and date of process.

The style of all process shall be, “The State of Mississippi.” It shall not be necessary that any process bear teste in the name of any judge or of any term of the court, but all process, except where otherwise provided, shall be issued and signed by the clerk of the court, with the seal of his office affixed, and shall bear date of the day on which the process shall be issued.

Miss. Code Ann. § 13-3-5 The summons.

The process to bring in defendants in all civil actions in all courts except justice court shall be a summons, the form, issuance, service, waiver, return, amendment and time limits of which shall be governed by the Mississippi Rules of Civil Procedure. The process to bring in defendants in all civil actions in justice court shall be a summons which shall be served in one of the following modes: First.— Upon the defendant personally, if to be found in the county, by handing him a true copy of the process. Second.— If the defendant cannot himself be found in the county, then by leaving a true copy of the process at his usual place of abode, with his wife or some other person of his family above the age of sixteen (16) years, and willing to receive such copy. Third.— If the defendant cannot himself be found, and if no person of his family aged sixteen (16) years can be found at his usual place of abode who is willing to receive such copy, then by posting a true copy on a door of the defendant’s usual place of abode; provided, however, that if this mode is used when the defendant’s usual place of abode is a multi-family dwelling, a copy of the summons shall be mailed to the defendant by the clerk of the court upon return of service.

Miss. Code Ann. § 13-3-7

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-7 . [Codes, 1857, ch. 62, art. 29; 1871, § 1008; 1880, § 1853; 1892, § 3415; 1906, § 3914; Hemingway’s 1917, § 2921; 1930, § 2966; 1942, § 1846] § 13-3-9 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (24); 1857, ch. 61, art. 66; 1871, § 697; 1880, § 1524; 1892, § 3416; 1906, § 3915; Hemingway’s 1917, § 2922; 1930, § 2967; 1942, § 1847] § 13-3-11 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (20); 1857, ch. 61, art. 62; 1871, § 695; 1880, § 1525; 1892, § 3417; 1906, § 3916; Hemingway’s 1917, § 2923; 1930, § 2968; 1942, § 1848] § 13-3-13 . [Codes, 1857, ch. 62, art. 26; 1871, § 1005; 1880, § 1848; 1892, § 3418; 1906, § 3917; Hemingway’s 1917, § 2924; 1930, § 2969; 1942, § 1849: Laws, 1924, ch. 151] Editor’s Notes — Former § 13-3-7 provided that the names of all defendants who reside in the county where the process issues shall be included in the same summons. Former § 13-3-9 provided that if any of the defendants reside in different counties from that in which the suit is brought, original process may issue at the same time to each county in which any of the defendants reside, and the clerk shall indorse on each writ issued to another county than that in which the suit is brought the names of the defendants upon whom it is to be served, and that it is a duplicate of a writ issued to the other county for the same cause of action and the sheriff shall execute and return such process as in other cases, and under the same penalties. Former § 13-3-11 provided for when the summons, in actions in circuit court, shall be made returnable and when it shall be executed. Former § 13-3-13 specified when the summons was returnable and when it was to be executed in suits in chancery.

Miss. Code Ann. § 13-3-15 Separate or additional summons; attachment against estate of defendant.

Upon the request of the plaintiff, separate or additional summons shall issue against any defendants. When the defendant shall not be found, the plaintiff may have an attachment against the estate of the defendant. If, upon such attachment, the sheriff shall seize or attach any property of the defendant, the same proceedings shall thereafter be had as if the suit had been originally commenced by attachment.

Miss. Code Ann. § 13-3-17 Substitution of parties in case of death of party.

Substitution of parties in case of death of a party shall be governed by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 13-3-19 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-19 . [Codes, 1857, ch. 62, art. 34; 1871, § 1013; 1880, § 1855; 1892, § 3421; 1906, § 3920; Hemingway’s 1917, § 2927; 1930, § 2972; 1942, § 1852; Laws, 1924, ch. 151; Laws, 1946, ch. 170] § 13-3-21 . [Codes, 1857, ch. 62, art. 34; 1871, § 1013; 1880, § 1856; 1892, § 3422; 1906, § 3921; Hemingway’s 1917, § 2928; 1930, § 2973; 1942, § 1853] § 13-3-23 . [Codes 1880, § 1857; 1892, § 3423; 1906, § 3922; Hemingway’s 1917, § 2929; 1930, § 2974; 1942, § 1854] Editor’s Notes — Former § 13-3-19 provided for service of summons by publication for nonresident or absent defendant. Former § 13-3-21 specified the duties of clerk when service of summons was by publication. Former § 13-3-23 provided that publication could be dispensed with if summons served on the absent party.

Miss. Code Ann. § 13-3-25 Summons by publication for unknown heirs and unknown defendants.

When unknown heirs are made parties defendant in any proceeding in the chancery court, upon affidavit that the names of such heirs are unknown, the complainant may have publication of summons for them and such proceedings shall be had thereupon in all respects as are authorized in the case of a nonresident defendant. When the parties in interest are unknown, and affidavit of that fact be filed, they may be made parties by publication to them as unknown parties in interest.

Miss. Code Ann. § 13-3-27 Publication of summons.

Publication of summons in all cases and in every court, when authorized by law, shall be made as prescribed in the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 13-3-29 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1880, § 462; 1892, § 3426; 1906, § 3925; Hemingway’s 1917, § 2932; 1930, § 2977; 1942, § 1857]

Miss. Code Ann. § 13-3-31 Publication; requirements and procedures.

Whenever it is required by law that any summons, order, citation, advertisement or other legal notice shall be published in a newspaper in this state, it shall mean, in addition to any other requirements imposed by law, publication in some newspaper which: Maintains a general circulation predominantly to bona fide paying subscribers within the political subdivision within which publication of such legal notice is required. The term “general circulation” means numerically substantial, geographically widespread, demographically diversified circulation to bona fide paying subscribers. In no event shall the term “general circulation” be interpreted to require that legal notices be published in a newspaper having the greatest circulation. The term “bona fide paying subscribers” means persons who have subscribed at a subscription rate which is not nominal, whether by mail subscriptions, purchases through dealers and carriers, street vendors and counter sellers, or any combination thereof, but shall not include free circulation, sales at a token or nominal subscription price and sales in bulk for purposes other than for resale for individual subscribers. Maintains a legitimate list of its bona fide paying subscribers by the following categories where applicable: Mail subscribers; Dealers and carriers; and Street vendors and counter sellers. Is not published primarily for advertising purposes and has not contained more than seventy-five percent (75%) advertising in more than one-half (1/2) of its issues during the period of twelve (12) months next prior to the first publication of any legal notice therein, excluding separate advertising supplements inserted into but separately identifiable from any regular issue or issues. Has been established and published continuously for at least twelve (12) months next prior to the first publication of such matter to be published, is regularly issued at stated intervals no less frequently than once a week, bears a date of issue, and is numbered consecutively; provided, however, that publication on legal holidays of this state or of the United States and on Saturdays and Sundays shall not be required, and failure to publish not more than two (2) regular issues in any calendar year shall not disqualify a paper otherwise qualified. Is issued from a known office of publication, which shall be the principal public business office of the newspaper and need not be the place at which the newspaper’s printing presses are physically located. A newspaper shall be deemed to be “published” at the place where its known office of publication is located. Is formed of printed sheets. However, the word “printed” does not include reproduction by the stencil, mimeograph or hectograph process. Is originated and published for the dissemination of current news and intelligence of varied, broad and general public interest, announcements and notices, opinions as editorials on a regular or irregular basis, and advertising and miscellaneous reading matter. Is not designed primarily for free circulation or for circulation at nominal rates. “Newspaper,” as used in this section, shall not include a newspaper, publication, or periodical which is published, sponsored by, is directly supported financially by, or is published to further the interests of, or is directed to, or has a circulation restricted in whole or in part to any particular sect, denomination, labor or fraternal organization or other special group or class of citizens, or which primarily contains information of a specialized nature rather than information of varied, broad and general interest to the general public, or which is directed to any particular geographical portion of any given political subdivision within which publication of such legal notice is required, rather than to such political subdivision as a whole. No newspaper otherwise qualified under this section shall be disqualified from publishing legal notices for the sole reason that such newspaper does not have as great a circulation as some other newspaper publishing in the same political subdivision. In the event of the discontinuance of the publication of all newspapers in any county qualified under this section to publish legal notices, any other such newspaper published in the same county, regardless of the length of time it has been published, shall be deemed qualified to publish such legal notices, provided such newspaper meets all requirements of this section other than the requirements of subsection (1) (d) of this section. A newspaper otherwise qualified under this section which is published in a municipality whose corporate limits encompass territory in more than one (1) county shall be qualified to publish legal notices, including foreclosure sale notices as described in Section 89-1-55, for any county a portion of whose territory is included within the municipality, irrespective of the actual physical location within the municipality of the principal public business office of the newspaper.

Miss. Code Ann. § 13-3-32 Publication—in what newspaper—presumption of continued qualification.

All newspapers which were qualified to publish legal notices and which were publishing legal notices prior to July 1, 1976, shall be presumed to qualify under Section 13-3-31 unless and until a determination has been made by competent authority that such newspaper fails to meet the requirements and provisions of Section 13-3-31.

Miss. Code Ann. § 13-3-33 and 13-3-35. Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-33 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (44); 1857, ch. 61, art. 64; 1871, § 701; 1880, § 1527; 1892, § 3427; 1906, § 3926; Hemingway’s 1917, § 2933; 1930, § 2978; 1942, § 1859] § 13-3-35 . [Codes, 1892, § 3428; 1906, § 3927; Hemingway’s 1917, § 2934; 1930, § 2980; 1942, § 1861] Editor’s Notes — Former § 13-3-33 specified how a summons was to be executed. Former § 13-3-35 provided form for the sheriff’s return on original process.

Miss. Code Ann. § 13-3-37 Sheriff to mark and return process.

The sheriff shall mark on all process the day of the receipt thereof by him, and he shall return the same promptly and in any event within the time during which the person served must respond to the process, with a written statement of his proceedings thereon, and of his fees, for serving it. For failing to note the time of the receipt of process, or for failing to return the same, the sheriff shall forfeit to the party aggrieved the sum of One Hundred Dollars ($100.00), and shall be liable for all damages, and the court may enforce return of the process by fine and imprisonment for contempt. Whenever a sheriff of any county shall receive from another county any writ or other process directed to him, he shall not be liable for a failure to return the same to the county from which the same was issued if he shall show to the court that he mailed the same in the post office, directed to the clerk of the court by whom the same was issued, at least two (2) days before the sitting of the court to which the same was returnable.

Miss. Code Ann. § 13-3-39 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1942, § 2910-09; Laws, 1962, ch. 257, § 9, eff from and after passage (approved June 1, 1962)]

Miss. Code Ann. § 13-3-41 Service on one carrying on business in state by or through trustee or attorney in fact.

All persons, firms, copartnerships or corporations carrying on business in the State of Mississippi, by or through trustees or attorneys in fact, may be served with process in all suits or proceedings in any court, by serving a copy of such process upon an agent of such trustees or attorneys in fact, in the same manner as is now provided for service of process upon foreign corporations.

Miss. Code Ann. § 13-3-43 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-43 . [Codes, 1857, ch. 61, art. 64; 1871, § 704; 1880, § 1530; 1892, § 3430; 1906, § 3929; Hemingway’s 1917, § 2936; 1930, § 2982; 1942, § 1863] § 13-3-45 . [Codes, 1857, ch. 61, art. 64; 1871, § 705; 1880, § 1531; 1892, § 3431; 1906, § 3930; Hemingway’s 1917, § 2937; 1930, § 2983; 1942, § 1864] § 13-3-47 . [Codes, 1892, § 3432; 1906, § 3931; Hemingway’s 1917, § 2938; 1930, § 2984; 1942, § 1865] Editor’s Notes — Former § 13-3-43 provided for service when defendant was an infant or an infant was a codefendant. Former § 13-3-45 provided for service when defendant was of unsound mind. Former § 13-3-47 provided for service when defendant was a county, city, town, or village.

Miss. Code Ann. § 13-3-49 Service when defendant is a corporation.

If the defendant in any suit or legal proceeding be a corporation, process may be served on the president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, or agent of the corporation, or upon any one of the directors of such corporation. If the defendant corporation be a sleeping-car company, process may be served upon any conductor thereof. If the defendant corporation be a steamboat company, process may be served upon the captain or other officer of a boat thereof. If no such person or persons be found in the county, then it shall be sufficient to post a true copy of the process on the door of the office or principal place of business of the corporation. In suits against railroads, sleeping-car, telegraph, telephone, express, steamboat, and insurance companies or corporations, or in suits against a receiver or receivers in charge of the property of any such companies or corporations, the process may be served on any agent of the defendant or sent to any county in which the office or principal place of business may be located, and there served as herein directed and authorized, or process may be served on any one of the foregoing officers of such corporation or company, and upon the secretary, cashier, treasurer, clerk, depot agent, attorney or any other officer or agent of such receiver or receivers, or upon them in person. When any writ or process against such corporation, company, receiver or receivers has been returned executed, the defendant or defendants shall be considered in court, and the action shall proceed as actions against natural persons. All process and notices to be served upon such companies, corporations, or receivers may be served as herein directed.

Miss. Code Ann. § 13-3-51 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1857, ch. 61, art. 64; 1871, § 706; 1880, § 1532; 1892, § 3434; 1906, § 3933; Hemingway’s 1917, § 2940; 1930, § 2986; 1942, § 1867]

Miss. Code Ann. § 13-3-53 Service on one of several executors or administrators.

If there be two or more executors or administrators of the same estate, if process cannot be served on all of them in suits against them, service on one shall be sufficient to authorize a judgment against all.

Miss. Code Ann. § 13-3-55 Suits by or against partnerships; service on one of several partners.

A partnership may sue or be sued in the partnership name, or in the names of the individuals composing the partnership, or both and service of process on any partner shall be sufficient to maintain the suit against all the partners so as to bind the assets of the partnership and of the individual summoned.

Miss. Code Ann. § 13-3-57 Service on nonresident business not qualified to do business in state; survival of cause of action in case of death or inability to act; service on nonresident executor, administrator, etc.

Any nonresident person, firm, general or limited partnership, or any foreign or other corporation not qualified under the Constitution and laws of this state as to doing business herein, who shall make a contract with a resident of this state to be performed in whole or in part by any party in this state, or who shall commit a tort in whole or in part in this state against a resident or nonresident of this state, or who shall do any business or perform any character of work or service in this state, shall by such act or acts be deemed to be doing business in Mississippi and shall thereby be subjected to the jurisdiction of the courts of this state. Service of summons and process upon the defendant shall be had or made as is provided by the Mississippi Rules of Civil Procedure. Any such cause of action against any such nonresident, in the event of death or inability to act for itself or himself, shall survive against the executor, administrator, receiver, trustee, or any other selected or appointed representative of such nonresident. Service of process or summons may be had or made upon such nonresident executor, administrator, receiver, trustee or any other selected or appointed representative of such nonresident as is provided by the Mississippi Rules of Civil Procedure, and when such process or summons is served, made or had against the nonresident executor, administrator, receiver, trustee or other selected or appointed representative of such nonresident it shall be deemed sufficient service of such summons or process to give any court in this state in which such action may be filed, in accordance with the provisions of the statutes of the State of Mississippi or the Mississippi Rules of Civil Procedure, jurisdiction over the cause of action and over such nonresident executor, administrator, receiver, trustee or other selected or appointed representative of such nonresident insofar as such cause of action is involved. The provisions of this section shall likewise apply to any person who is a nonresident at the time any action or proceeding is commenced against him even though said person was a resident at the time any action or proceeding accrued against him.

Miss. Code Ann. § 13-3-59 and 13-3-61. Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-59 . [Codes, 1942, § 1439; Laws, 1940, ch. 246] § 13-3-61 . [Codes, 1942, § 1440; Laws, 1940, ch. 246] Editor’s Notes — Former § 13-3-59 authorized the court to order such continuances as necessary to afford a nonresident reasonable opportunity to defend the action, provided that no action was triable until after thirty (30) days from date of service of process upon the secretary of state, provided that the fee required to be paid to the sheriff of Hinds County shall be taxed as other costs, and required the secretary of state to keep a record of all process served upon him. Former § 13-3-61 provided for service when the defendant was a nonresident doing business in state, and provided that certain corporations were exempt.

Miss. Code Ann. § 13-3-63 Service when defendant is nonresident motorist; appointment of secretary of state as agent.

The acceptance by a nonresident of the rights and privileges conferred by the provisions of this section, as evidenced by his operating, either in person or by agent or employee, a motor vehicle upon any public street, road or highway of this state, or elsewhere in this state, or the operation by a nonresident of a motor vehicle on any public street, road or highway of this state, or elsewhere in this state, other than under this section, shall be deemed equivalent to an appointment by such nonresident of the Secretary of State of the State of Mississippi to be his true and lawful attorney, upon whom may be served all lawful processes or summonses in any action or proceeding against him, growing out of any accident or collision in which said nonresident may be involved while operating a motor vehicle on such street, road or highway, or elsewhere in this state, and said acceptance or operation shall be a signification of his agreement that any such process or summons against him which is so served shall be of the same legal force and validity as if served on him personally. Service of such process or summons shall be made by the sheriff of Hinds County, upon prepayment of the fees to which he is entitled by law, by serving two (2) copies of the process or summons for each nonresident defendant, with a fee of Fifteen Dollars ($15.00) for each such defendant on the Secretary of State or by leaving two (2) copies of said process or summons with the fee in the office of the Secretary of State, and such service shall be service upon said nonresident defendant with the same force and effect as if such nonresident had been personally served with such process or summons within the State of Mississippi. One (1) of the copies of such process or summons shall be preserved by the Secretary of State as a record of his office. Notice of such service, together with a copy of the process or summons, shall be mailed forthwith as certified or registered mail, restricted for delivery to addressee only and with postage prepaid, by the Secretary of State to each such nonresident defendant at his last known address, which address shall be written on the process or summons upon the issuance thereof by the clerk of the court wherein the action is pending, or notice of such service and copy of process or summons actually shall be delivered to the said defendant. The defendant’s return receipt or evidence of defendant’s refusal to accept delivery of such certified or registered mail, in case such notice and copy of process or summons are sent by certified or registered mail, or affidavit of the person delivering such notice and copy of process or summons, in case such notice and copy of process or summons actually are delivered, shall be filed in the court wherein such action is pending before judgment can be entered against such nonresident defendant. The Secretary of State, upon receipt of such return receipt or evidence of the refusal of such defendant to accept delivery of such certified or registered mail, shall promptly return same to the clerk of the court wherein such action is pending, and the said clerk of the court shall promptly file and preserve same among the records of such action or proceeding. The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. Any cause of action arising out of such accident or collision against any such nonresident, in case of the death of such nonresident, shall survive against his administrator, executor or other personal representative of his estate, and service of all necessary and lawful process or summons, when had or obtained upon any such nonresident owner, nonresident operator or agent or employee, or upon the executor, administrator or other legal representative of the estate of such nonresident owner or nonresident operator, in the manner as hereinbefore provided, for the service of all lawful processes or summonses, herein, shall be deemed sufficient service of process or summons to give any court of this state, in which such action may be filed in accordance with the statutes of the State of Mississippi, jurisdiction over the cause of action and over the nonresident owner, nonresident operator or agent or employee, or the nonresident executor, or administrator of such nonresident owner or nonresident operator, defendant or defendants, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator, agent, employee, executor or administrator or other legal representative of the estate of such nonresident owner or nonresident operator, defendant or defendants, in the event the plaintiff in such cause of action shall prevail. The agency or relationship created under the provisions of this section by and between the nonresident owner or nonresident operator of a motor vehicle operating upon the public road, street or highway of this state, or elsewhere in this state, as hereinbefore set forth, in the event of the death of such nonresident owner or nonresident operator of such motor vehicle, shall survive and continue and extend to his executor, administrator or other legal representative of his estate, and the Secretary of State of the State of Mississippi shall be in the same position and relationship with respect to the executor, administrator or other legal representative of the estate of such nonresident owner or nonresident operator of such motor vehicle, as he was in or would have been in with the nonresident owner or nonresident operator of said motor vehicle, had such nonresident owner or nonresident operator survived, and in any action arising or growing out of such accident or collision in which such nonresident owner or nonresident operator of a motor vehicle may be involved while operating a motor vehicle on such street, road or highway or elsewhere in this state, where the nonresident owner or nonresident operator of such motor vehicle has died prior to the commencement of an action against him because of or growing out of such accident or collision, service of process or summons may be had or made upon the nonresident executor, administrator or other legal representative of the estate of such nonresident owner or operator of the motor vehicle involved in such accident or collision, in the same manner and upon the same notice as hereinbefore provided in the case of process or summons upon the nonresident owner or nonresident operator of such motor vehicle. When such process or summons is served, made or had against the nonresident executor or administrator or such nonresident owner or such nonresident operator of such motor vehicle involved in such accident or collision, it shall be deemed sufficient service of such summons or process to give any court in this state in which such action may be filed, in accordance with the provisions of the statutes of the State of Mississippi, jurisdiction over the cause of action and over such nonresident executor or administrator of such nonresident owner or operator of such motor vehicle insofar as such cause of action is involved. The provisions of this section shall likewise apply to any person who is a nonresident at the time any action or proceeding is commenced against him, even though said person was a resident at the time any action or proceeding accrued against him.

Miss. Code Ann. § 13-3-65 and 13-3-67. Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-65 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (43); 1857, ch. 61, art. 73; 1871, § 715; 1880, § 1535; 1892, § 3437; 1906, § 3936; Hemingway’s 1917, § 2943; 1930, § 2989; 1942, § 1870] § 13-3-67 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (95); 1857, ch. 61, art. 69; 1871, § 711; 1880, § 2285; 1892, § 3438; 1906, § 3937; Hemingway’s 1917, § 2944; 1930, § 2990; 1942, § 1871] Editor’s Notes — Former § 13-3-65 provided for issuance, execution, and return of a writ of scire facias. Former § 13-3-67 stated that any process appearing to be in other respects duly served, shall be good, though not directed to any officer.

Miss. Code Ann. § 13-3-69 Process not void for certain defects.

If any matter required to be inserted in or indorsed on any process be omitted, such process shall not on that account be void, but it may be set aside as irregular, or amended on such terms as the court shall deem proper. The amendment may be made upon an application to set aside or quash the writ.

Miss. Code Ann. § 13-3-71 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1942, § 1872; Laws, 1936, ch. 244; Laws, 1956, ch. 238; Laws, 1966, ch. 355, § 1; Laws 1981, ch. 358, § 1]

Miss. Code Ann. § 13-3-73 Plaintiff’s options when sheriff kept off by force.

When the sheriff shall return, on any process, that he has been kept off by force, the plaintiff may issue an alias or pluries, as the case may be, or he may proceed in the action against the defendant as if the process had been returned executed.

Miss. Code Ann. § 13-3-75 Return of alias where first writ served.

If any process be executed, and for want of a return thereof other process be issued, the sheriff or other officer shall not execute the subsequent process, but shall return the first process by him executed, if it be in his possession, and, if it be not in his possession, he shall return the subsequent process, with an indorsement of the execution of the first process, and how it was executed, on which there shall be the same proceedings as if the said first process had been duly returned.

Miss. Code Ann. § 13-3-77 Process may be executed by an officer out of his county.

The sheriff or other proper officer of a county may execute process out of his county, in case the person to be served or property to be seized was in the officer’s county when the writ was received, but had removed or been carried into another county before its execution. In such case the officer shall state the facts in his return, and the writ and return shall have the same effect as if the process had been returned not executed and a testatum or duplicate writ had been issued to and executed and returned by an officer of the county where served.

Miss. Code Ann. § 13-3-79 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1880, § 2291; 1892, § 3443; 1906, § 3942; Hemingway’s 1917, § 2949; 1930, § 2995; 1942, § 1877; Laws, 1986, ch. 459, § 26]

Miss. Code Ann. § 13-3-81 When justice court judge may execute process.

If there be no sheriff in any county, or if good cause of exception exists against him, by reason of his being a party to or interested in the suit, or otherwise, the process may be directed to any justice court judge of the county, who shall be bound to execute the same, and to do all things which the sheriff would be bound to do if no exception existed against him. In case of any neglect or breach of such duty, the justice court judge shall be liable to the same penalties and subject to the same actions and remedies as sheriffs are subject to in like cases.

Miss. Code Ann. § 13-3-83 Service of notices, summonses, subpoenas, orders, pleadings, motions, etc.

All notices provided for by law appertaining to actions, suits or proceedings of any kind in any court shall be served and returned by the sheriff or any constable of the county, or the marshal of any city, town or village therein in which such notices are to be served, to whom such notices may be delivered for that purpose. However, service of summonses and subpoenas in all courts except justice court shall be governed by the Mississippi Rules of Civil Procedure and in every instance, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper shall be served and filed in accordance with the provisions of the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 13-3-85 Notice by summons of motions against officers for neglect of duty.

In all cases where motions are made against officers, or officers and their sureties, for neglect of official duty under any law, five days’ notice shall be given by summons, to be served as in other cases, and this shall apply to motions against the personal representative of a deceased officer.

Miss. Code Ann. § 13-3-87 Return of officer may be questioned by parties.

The return of the officer serving any process may, in the same action, be shown to be untrue by either of the parties, but the officer himself shall not be permitted to question its truth.

Miss. Code Ann. § 13-3-89 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1892, § 3447; 1906, § 3946; Hemingway’s 1917, § 2953; 1930, § 2999; 1942, § 1881]

Miss. Code Ann. § 13-3-91 Reversal, on appeal by defendant, for want of service or defective service as an appearance.

Where a judgment or decree is reversed on appeal taken by defendant for the want of service, or because of defective service of process, a new summons or citation need not be issued or served, but the defendant shall, without such process or service, be presumed to have entered his appearance to the cause in the court from which the appeal was taken when the mandate shall be filed therein.

Miss. Code Ann. § 13-3-93 Subpoenas for witnesses.

The first process, in all civil actions, and in all courts, to compel the attendance of a witness, shall be a subpoena, the procedural aspects of which shall be governed by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 13-3-95 Repealed.

Repealed by Laws of 1991, ch. 573, § 141, eff from and after July 1, 1991. § 13-3-95 . [Codes, Hutchinson’s 1848, ch. 60, art. 1 (119); 1857, ch. 61, art. 195; 1871,§ 762; 1880, §§ 1587, 1616; 1892, § 3450; 1906, § 3949; Hemingway’s 1917, § 2956; 1930, § 3002; 1942, § 1884.] § 13-3-97 . [Codes, 1857, ch. 61, art. 195; 1871, § 763; 1880, § 1587; 1892, § 3451; 1906, § 3950; Hemingway’s 1917, § 2957; 1930, § 3003; 1942, § 1885.] § 13-3-99 . [Codes, 1880, § 1594; 1892, § 3452; 1906, § 3951; Hemingway’s 1917, § 2958; 1930, § 3004; 1942, § 1886; Laws, 1936, ch. 250.] § 13-3-101 . [Codes, 1857, ch. 61, art. 196; 1871, § 764; 1880, § 1588; 1892, § 3453; 1906, § 3952; Hemingway’s 1917, § 2959; 1930, § 3005; 1942, § 1887.] Editor’s Notes — Former § 13-3-95 related to issuance of subpoena requiring attendance before master, commissioner, referee, or surveyor. Former § 13-3-97 related to issuance of subpoena for witness to give dispositions for use in other states. Former § 13-3-99 related to process to compel attendance of witness in certain counties during term. Former § 13-3-101 related to service of subpoena.

Miss. Code Ann. § 13-3-103 Attachment for non-appearing subpoenaed witness.

If any person subpoenaed as a witness shall fail to appear and attend as required, an attachment shall be issued by order of the court or other authority before which he was subpoenaed to appear, returnable at such time as the court or authority may appoint. The court or authority shall, on ordering the attachment, direct whether the witness shall enter into bond for his appearance, and in what sum, and whether with or without sureties, which bond the sheriff, or other officer by whom the attachment is executed, is authorized to take, payable to the state. In case the witness shall appear in answer to the attachment, the court may discharge him therefrom, on good cause shown, or may require him to enter into recognizance or bond for his appearance until discharged, to testify in the cause. In case the witness shall not appear, in pursuance of his recognizance or bond, the same proceedings shall be had as upon the forfeiture of a recognizance in a criminal case.

Miss. Code Ann. § 13-3-105 Subpoenaed witness to attend until discharged; scire facias for defaulters.

Every witness subpoenaed in any case, civil or criminal, shall attend, from day to day, and from term to term without further notice, until discharged by the court or by the party at whose instance he was subpoenaed, and in default thereof he shall be fined by the court not more than Five Hundred Dollars ($500.00), and a scire facias shall issue thereon, requiring him to appear at the next term of the court, to show cause why the fine should not be made absolute. If cause be not then shown, the fine shall be made final. In criminal cases, the court may cause the witnesses on either side to be bound by bond or recognizance to appear and testify until discharged.

Miss. Code Ann. § 13-3-107 Settlement of certain civil suits; notice to be given to subpoenaed witnesses and effect of failure to do so.

If a civil suit shall be settled in vacation, notice thereof shall be given to the witnesses subpoenaed to appear. If such notice is not given, they shall be entitled to the same compensation for their subsequent attendance in pursuance of the subpoena as if the suit had not been settled.

Miss. Code Ann. § 13-3-109 Issuance of process by supreme court and its return.

The Clerk of the Supreme Court shall issue all process which may be ordered to issue by the court or any judge thereof. All process issuing from said court or on the order of any judge thereof, or which may be returnable therein, shall be under the seal of the court, and be signed by the clerk thereof, and may be directed to the sheriff or other proper officer of any county, who shall execute and return the same according to the command thereof. Whenever any such process shall not be executed or not returned, an alias may be issued by the clerk on the application of the person who sued out the former process.

Miss. Code Ann. § 13-3-111 Time when executions shall be issued.

The clerks of all courts of law or equity, after the adjournment of the court for the term shall, at the request and cost of the owner of the judgment or decree or his attorney, issue executions on all judgments and decrees rendered therein, and place the same in the hands of the sheriff of the county. The sheriff shall effectuate any execution on a judgment. If requested by such owner, they shall issue executions directed to the sheriff of any other county, and shall deliver the same to the owner or his attorney.

Miss. Code Ann. § 13-3-113 Issuance, execution, and return of executions.

Writs of execution shall bear date and be issued in the same manner as original process, and shall be made returnable on the first day of the next term of the court in which the judgment or decree was rendered, if there be fifteen days between the issuance and return thereof, and, if not, on the first day of the term next thereafter. Such execution may be directed to the sheriff or other proper officer of any county, who shall serve and execute the same, and make return thereof to the court in which the judgment or decree was rendered.

Miss. Code Ann. § 13-3-115 Issuance of subsequent execution.

If a first writ of execution shall not have been returned and shall not have been executed, the clerk may issue another execution at the cost of any party in whose favor the execution was issued, if such party shall desire to take out another execution.

Miss. Code Ann. § 13-3-117 Issuance of execution against several defendants.

When one judgment has been recovered against several defendants, execution shall issue thereon against all the defendants, and not otherwise.

Miss. Code Ann. § 13-3-119 Effect of death of one or more of several defendants before issuance of execution.

If one or more of several defendants have died before the issuance of a writ of execution, and a revivor shall not have been had, the fact of the death shall be noted on the writ, and the property of the survivors only shall be liable to the execution in such case.

Miss. Code Ann. § 13-3-121 Execution for costs of Supreme Court.

In cases decided in the Supreme Court, or dismissed or otherwise disposed of, the clerk of the court may issue executions for costs accrued in the Supreme Court, in excess of the filing fee, in the same manner that the clerks of the circuit courts are authorized to issue executions against any party liable therefor. Such executions may be directed to the sheriff of any county, and shall be returned in the same manner and under like penalties as in case of executions returnable to the circuit court.

Miss. Code Ann. § 13-3-123 Levy of writs of execution and attachments—on land.

In case of a levy of an attachment on real estate in the occupancy of any person, the officer shall go to the house or upon the land of the defendant, and there declare that he attaches the same at the suit of the plaintiff, but if the land be unoccupied, or if the process be an execution, he may attach or levy upon the same by returning that he has attached or levied upon the land, describing it by numbers or otherwise properly, and, if the process be an attachment, stating that the land is unoccupied; and in all cases the return of the officer shall be conclusive of the facts stated therein, except on timely motion to quash.

Miss. Code Ann. § 13-3-125 Levy of writs of execution and attachments — on personalty.

If the levy be upon personal property the officer shall take the same into his possession and dispose of it according to law.

Miss. Code Ann. § 13-3-127 Levy of writs of execution and attachments — on choses in action.

In case an attachment be levied on rights, credits, and choses in action, the officer shall take into his possession the books of accounts and other evidences of debt belonging to the defendant, and if the plaintiff so direct, he shall summon all persons appearing to be indebted to the defendant, or to have effects of his in their hands, as garnishees, in the manner prescribed by law.

Miss. Code Ann. § 13-3-129 Levy of writs of execution and attachments — on corporate stock and the like.

In case of the levy of an execution or attachment on the stock, shares, or interest of the defendant in any corporation or joint stock company, the officer shall go to the office or principal place of business of the corporation or company, and there declare that he attaches or levies upon the stock, shares, or interest of the defendant therein at the suit of the plaintiff. The officer shall demand of any officer, agent, or clerk of such corporation or company there present, and who is not the defendant, a statement in writing, under oath, of the amount of the defendant’s stock, the number of his shares, or extent of his interest in such corporation or company, and shall leave with the officer, agent, or clerk, a copy of the writ. If no such officer, agent, or clerk be present, the officer shall post conspicuously at such office or place of business a copy of the writ, with a statement therewith that he has attached or levied upon the stock, shares, or interest of the defendant at the suit of the plaintiff, and that he demands of the corporation or company the statement, under oath, of the defendant’s stock, share, or interest therein. The stock, shares, and interest of the defendant in the corporation or company, including all dividends that may accrue after such levy, shall be bound by the lien of the execution or attachment. The corporation or company shall, within a reasonable time, not longer than ten days after the levy, deliver to the officer a statement in writing, under oath, of the particulars demanded by the officer, and of the value of the defendant’s stock, shares, or interest, and in case the corporation or company shall neglect or refuse to do so, or shall wilfully make any false statement thereof, such corporation or company shall be liable to the plaintiff for the full amount of the judgment or decree, or of such judgment as the plaintiff shall recover if the process be an attachment. The failure of the corporation or company to make such statement shall not affect the right of the officer to sell the stock, shares, or interest of the defendant.

Miss. Code Ann. § 13-3-131 Levy of writs of execution and attachments — on interest of partners or co-owners.

When a defendant in execution shall own or be entitled to an undivided interest in any property not exclusively in his own possession, such interest may be levied on and sold by the sheriff without taking the property into actual possession, and such sale shall vest in the purchaser all the interest of the defendant in such property.

Miss. Code Ann. § 13-3-133 Money, banknotes, judgments and the like may be levied on; endorsement and negotiation of seized instruments; proceeds to be applied against judgment debtor’s obligations.

Money, banknotes, bills, evidences of debt circulating as money, and any judgment or decree belonging to the defendant, may be taken under an execution or attachment and sold or disposed of according to law, or applied to the payment of the execution or in satisfaction of the judgment in attachment. The officer serving a writ may endorse all warrants, checks or drafts seized under execution or attachment. The officer serving the writ shall endorse on the warrant, check or draft the day and date it was received, shall take into possession, as they shall become due to the judgment debtor, monies, checks, drafts, warrants, vouchers or other evidences of indebtedness, and shall issue a receipt to the paying, disbursing or auditing officer therefor, and shall endorse, in the name of the judgment debtor, any and all checks, drafts, warrants, vouchers or other evidences of indebtedness delivered under the writ. The seized instruments may be negotiated and the proceeds thereof, or so much thereof as necessary, shall be applied to the payment of the execution or in satisfaction of the judgment in attachment in order of priority.

Miss. Code Ann. § 13-3-135 Purchaser’s title to certain interests of defendant sold under execution or attachment.

The purchaser of any chose in action, stock, share, interest, judgment, or decree of the defendant, sold under execution or attachment, shall become the owner thereof, in the same manner as if it had been regularly assigned to him by the defendant.

Miss. Code Ann. § 13-3-137 Growing crop shall not be levied upon.

An execution shall nor be levied upon a growing crop, nor shall the same be seized under an attachment.

Miss. Code Ann. § 13-3-139 Lien of executions, and priority thereof.

Writs of executions, where there is no judgment lien, shall bind the property of defendant only from the time of the levy thereof. If two or more writs shall be delivered to the officer for execution against the same person, that which was first delivered shall be the first levied and satisfied. It shall be the duty of the sheriff or other officer, on receipt of an execution, to indorse thereon the day of the month and the year and the hour when he received the same. For a failure to make such indorsement, the sheriff or other officer shall be liable to a penalty of One Hundred Dollars ($100.00), to the use of the plaintiff, recoverable by motion before the court from which the execution issued, and the sheriff or other officer shall, moreover, be liable for all damages sustained by any party aggrieved.

Miss. Code Ann. § 13-3-141 Officer to care for property and allowed expenses.

When a sheriff or other officer shall levy an execution on livestock, he shall provide for its sustenance until sold or otherwise legally discharged from the execution. Upon the return of the execution, the court, in cases where the compensation is not fixed by law, shall settle and adjust what the officer shall be allowed for his expenses incurred by providing for the stock, and also reasonable expenses of keeping personal property levied on by him, and the same shall be taxed as costs. The officer may retain the same out of the money arising from the sale of the property.

Miss. Code Ann. § 13-3-143 Manner by which personal representative or successor thereof of plaintiff may have execution.

When the executor or administrator of a plaintiff who dies before satisfaction of his judgment shall file with the clerk a copy of his letters testamentary or of administration, duly certified, execution may be issued on the judgment as if such death had not occurred, and the clerk shall indorse on the execution the fact of the death of the plaintiff, and that the execution is at the instance of his executor or administrator, stating the name of the executor or administrator. When an administrator, guardian, trustee, or other person acting in a fiduciary or official capacity, who recovered a judgment, shall die, resign, or be removed without having obtained satisfaction thereof, his successor may have execution of the judgment in the same manner, without revival of the judgment by scire facias.

Miss. Code Ann. § 13-3-145 Effect of death of one or more of several plaintiffs before issuance of execution.

The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors.

Miss. Code Ann. § 13-3-147 Assignee of a judgment may have execution.

The assignee of a judgment, where the plaintiff has died, may have execution thereof for his use as if such death had not occurred, upon filing with the clerk his affidavit of the death of the plaintiff and the assignment, and, where the plaintiff has not died, the assignee of a judgment may have an execution for his use in the same manner.

Miss. Code Ann. § 13-3-149 Effect of death of party after execution issued.

The death of any plaintiff or defendant after the issuance or the levy of an execution on personal or real estate, shall not affect the duty of the officer making the levy to proceed and sell as if such death had not occurred.

Miss. Code Ann. § 13-3-151 Execution issued against dead defendant.

After one year from the death of any defendant in a judgment for money, execution thereof may be had by leave of the court rendering the judgment, or of the judge thereof in vacation, upon cause shown, against any property on which such judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival, in the same manner as if the defendant had not died.

Miss. Code Ann. § 13-3-153 Motion to revive judgment.

Those provisions of the Mississippi Code of 1972 relating to the execution of judgments without revival shall not prevent a revival in any case by a motion to revive judgment.

Miss. Code Ann. § 13-3-155 Execution and garnishment on certain judgments and decrees of other courts may be issued by clerk.

The clerk of the circuit court in whose office any judgment or decree shall be enrolled, may issue execution and writs of garnishment thereon, directed to the sheriff of his county, returnable before the court which rendered the judgment or decree.

Miss. Code Ann. § 13-3-157 When a bond of indemnity shall be required.

If the sheriff shall levy an execution, attachment, or writ of seizure for the purchase-money on any personal property, and a doubt shall arise whether the right to the property be in the defendant or not, the sheriff may demand of the plaintiff a bond with sufficient sureties, payable to the officer, in a penalty equal to double the value of the property, conditioned that the obligors therein will indemnify and save harmless the officer against all damages which he may sustain in consequence of the seizure or sale of the property, and will pay to and satisfy any person claiming title to the property all damages which such person may sustain in consequence of the seizure or sale. If such bond be not given on or before the day of the sale or the return day of the attachment, the sheriff shall be justified in releasing the levy and delivering the property to the party from whose possession it was taken; but the plaintiff or his agent or attorney shall have reasonable notice, in writing, before the day of sale or return day of the writ, that the bond is required. However, in instances where a warrant is issued by the Chairman of the State Tax Commission, as the commissioner, under the authority of any statute by which such commissioner is authorized to issue such warrants, and where the officer to whom such warrant is directed shall demand of the commissioner an indemnifying bond under the circumstances and conditions hereinbefore provided, the commissioner is hereby authorized to execute such indemnifying bond demanded and pay all obligations which may accrue by reason of the execution of such bond out of the funds appropriated by the Legislature to defray the expenses of the State Tax Commission.

Miss. Code Ann. § 13-3-159 Remedy on bond of indemnity.

If the bond and security required under Section 13-3-157 be given, it shall be returned with the writ, and the person claiming the property levied on may prosecute a suit upon the bond, with the name of the payee or his representatives, for the use of the claimant, and recover such damages as he may sustain by the seizure or sale of the property or levy of process; and the claimant shall, after the due execution of the bond, be barred of any action against the officer levying the process, unless the obligors in the bond shall be or become insolvent, or the bond be otherwise invalid.

Miss. Code Ann. § 13-3-161 Where sales under execution or other process are to be made.

All sales by any sheriff by virtue of an execution or other process, when not issued by a justice court, shall be made at the courthouse of the county. The sheriff shall effectuate any execution on a judgment. However, personal property too cumbersome to be removed, may be sold at the place where the same may be, or at any convenient place. Cattle, sheep, or stock, other than horses and mules, may be sold at any public place in the neighborhood of the defendant’s residence. Sales of personal property under execution or other process from a justice court may be made at any convenient point in the county where it is found, or at the courthouse of the county. The sheriff shall effectuate any execution on a judgment. The sale of lands under executions or other process from such courts shall be made as under execution from the circuit courts.

Miss. Code Ann. § 13-3-163 When sales of land may be made; advertising of sale.

Sales of land may be made on any day except Sunday and any legal holiday as defined by Section 3-3-7, Mississippi Code of 1972, and shall be advertised by the plaintiff in a newspaper published in the county, once in each week for three (3) successive weeks, or, if no newspaper is so published, in some newspaper having a general circulation therein once in each week for three (3) successive weeks. In addition to effectuating the advertisement, any expense or cost incurred by advertising and providing notice for the sale of land pursuant to subsection (1) of this section in justice court shall be paid by the plaintiff, and said expenses shall be taxed as costs.

Miss. Code Ann. § 13-3-165 When sales of personalty may be made; advertising of sale.

Sales of personalty may be made on any day except Sunday and any legal holiday as defined by Section 3-3-7, Mississippi Code of 1972, and shall be advertised by the plaintiff ten (10) days before the day of sale by posting notices of the time, terms and place of sale in three (3) public places in the county, one (1) of which shall be at the courthouse. In addition to effectuating the advertisement, any expense or cost incurred by advertising and providing notice for the sale of personalty pursuant to subsection (1) of this section in justice court shall be paid by the plaintiff, and said expenses shall be taxed as costs.

Miss. Code Ann. § 13-3-167 Sale of perishable goods.

When goods and chattels are levied on, which by their nature are perishable and in danger of immediate waste or decay, the officer levying shall sell them at such time, and on such notice, and at such place as a sound discretion may warrant.

Miss. Code Ann. § 13-3-169 Hours and mode of sale.

Except as otherwise provided in this section, sales under execution shall not commence sooner than eleven o’clock in the forenoon, nor continue later than four o’clock in the afternoon. All such sales shall be by auction, to the highest bidder for cash, and only so much of the property levied on shall be sold as will satisfy the execution and costs. Sales under execution conducted by a special agent of the State Tax Commission pursuant to a warrant, jeopardy warrant or alias warrant issued by the Chairman of the State Tax Commission, shall commence and be conducted at the times specified by the Chairman of the State Tax Commission or his duly authorized agent. All such sales shall be by auction to the highest bidder for cash or for cash equivalent deemed acceptable by the Chairman of the State Tax Commission. Only so much of the property levied on shall be sold as will satisfy the execution and costs.

Miss. Code Ann. § 13-3-171 Lands to be sold to be offered in subdivisions and as an entirety.

All lands comprising a single tract, sold under execution, shall be first offered in subdivisions not exceeding one hundred and sixty (160) acres, or one-quarter section, and then offered as an entirety, and the price bid for the latter shall control only when it shall exceed the aggregate of the bids for the same in subdivisions.

Miss. Code Ann. § 13-3-173 Sale may be adjourned or continued from day to day.

Whenever, from a defect of bidders, caused by inclement weather or otherwise, the property shall not be likely to command a reasonable price, the officer may adjourn the sale and readvertise the same for a subsequent day. Whenever a sale advertised for a particular day shall not be completed on that day, the same may be continued from day to day.

Miss. Code Ann. § 13-3-175 Venditioni exponas.

If any property taken in execution shall remain in the hands of the officer unsold, he shall so return on the execution, and thereupon a writ of venditioni exponas shall issue, directed to the officer, upon which the like proceedings shall be had as might and ought to have been had on the first execution. And if property sold on a venditioni exponas shall not bring enough to satisfy the judgment, the officer shall forthwith return the same, and thereupon another proper execution for the balance remaining unpaid may be issued.

Miss. Code Ann. § 13-3-177 Venditioni exponas to issue when officer taking property dies.

When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue, directed to the proper officer of the county in which the property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff, or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases.

Miss. Code Ann. § 13-3-179 Procedure to be followed where property is not delivered by representatives of deceased officer taking property.

If the representatives of the deceased officer shall refuse or neglect to deliver the property on demand, or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer wherever it may be found, and sell the same as in other cases, or the plaintiff may move in the court from which the execution issued against the representatives of the deceased officer and his sureties, and thereupon a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs.

Miss. Code Ann. § 13-3-181 Duty of officer to examine judgment-roll; priority of liens.

After the sale of any property by the sheriff or other officer on execution, before the money is paid over by him, he shall examine the judgment-roll to ascertain if there by any elder judgment or judgments, decree or decrees, enrolled against the defendant or defendants in execution, having a priority of lien. If there be, he shall apply the proceeds of the sale to the judgment or decree having the priority of lien, and return such application upon the execution. Should there by any dispute as to which judgment or decree has the priority of lien, the officer shall make a statement of the fact of the dispute, and return the same, with the execution and the money raised thereon, into the court to which the same is returnable, and the court shall, on motion and examination of the facts, determine to whom the money so raised on execution shall be paid.

Miss. Code Ann. § 13-3-183 Officer to restore money on injunction of execution.

When an officer shall receive under execution the whole or any part of the money for which the same was issued, and the defendant, before payment thereof to the plaintiff, obtain an injunction against the execution, the officer shall pay over to the defendant the money received, or such part thereof as may be enjoined. If an officer shall, when required, fail to pay over the money so received and enjoined to the person having a right to demand the same, such officer and his sureties shall be liable to the same remedies as are given by law to the plaintiff for the nonpayment of money levied on execution.

Miss. Code Ann. § 13-3-185 How purchaser takes property sold at execution sale.

The purchaser of any property sold at execution sale by the sheriff or other officer shall take the same discharge of all liens of judgments and decrees, whether the same be sold under an execution issued upon the elder or junior judgment or decree.

Miss. Code Ann. § 13-3-187 Conveyance of land sold under execution or other process.

When lands are sold by virtue of any writ of execution or other process, the officer making the sale shall, on payment of the purchase-money, execute to the purchaser a conveyance which shall vest in the purchaser all the right, title and interest which the defendant had in and to such lands, and which, by law, could be sold under such execution or other process.

Miss. Code Ann. § 13-3-189 Completion of title under justice’s execution.

The title to land sold under execution issued by a justice of the peace shall not be complete in the purchaser until he shall have obtained from the justice a certified transcript of the proceedings had before him in the suit, including a copy of the execution and the officer’s return on it, which shall be filed with the conveyance made by the officer in the chancery clerk’s office and recorded with the conveyance. Upon filing such transcript and conveyance for record in the chancery clerk’s office of the county where the land lies, the title of the purchaser shall be as full and complete as if the sale had been under a judgment and execution from a circuit court.